Can a HOA evict a tennant after four months, for not completing an application to move in? My situation is in Miami Florida, and involves an association that wants to evict my tenant four months after they have moved in, because I (owner) did not pay the application fee of $450 fee to the management company before allowing my tennat to move in. I was not aware of an applicaation process, because the policy came about some years after I bought the apartment. The association fees were behind but are now paid up. Five days ago, a 15 day eviction notice stating Unlawful detainer was left on the door of the unit. Is there a form I can file to contest this? Should I try to hire a lawyer? Another interesting detail: Over the last four months since the tennant moved in, we were not told that we had to fill in the application. (I was not aware of the policy since my previous renter was in the apartment for 8 years, and the policy never existed at that time. One evening last week, my tennant was assaulted by an elderly owner. My tennant called the police. The elderly owner was arrested after she assaulted one of the officers as well. We believe the eviction is a retailation from other owners on the board of the association. Do we have a case?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome to JustAnswer,My name isXXXXX shall do whatever I possibly can to provide you with helpful information about the law. Please keep in mind that, although I am a Florida attorney, I am prohibited from giving customers of the site legal advice or forming an attorney-client relationship on this forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.The HOA can file for judicial eviction and you can contest that eviction and likely prevail. I will explainFlorida law requires a judicial eviction. Your tenant cannot be locked out without a court order. The HOA will need to file an unlawful detainer action to evict them. At that time you can answer the unlawful detainer complaint with your defenses and be heard in court.Your defense may include an allegation that the Board of Directors is acting outside the scope of their authority. The Board of Directors has a fiduciary duty to the owners. One of those duties is to enforce all the rules and restrictions fairly and nondiscriminatorily and to act in the best interest of all community members.Enforcing the application rule at this time appears to be selective enforcement. It does not appear likely that HOA would prevail. Typically the court would allow the landlord to submit the tenants application late and restrict the HOA from denying the rental absent good causeI think this is what you wanted to know. Please let me know if I have answered your question
Hi, Thanks for responding. I was hoping for a little more detail. How does the process move from an unlawful detainer complaint to a court order? Is there a legal time limit in which I need to respond to the action? Who responds, the landlord or tennant? Is this done by a legal form that I can get at court, or print and mail in or do I have to hire a lawyer? How can I tell if a court order is already in process? Can I check on a website? Can they be working on this without us knowing or do I have to be notified in writing? They have been dealing with the tennant and not with me.
How long does it take for a case like this to be seen in court and a decision is made as to whether the tennant is allowed to complete an application? I did not know the HOA application process existed, but now that I do I can see that the tennant will not meet their very strict criteria. I'm pretty sure they will deny my tennant and I need to know if this process will buy them time to find an apartment instead of being put out on the street.
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Hi, Thanks for responding. I was hoping for a little more detail.I am more than happy to clarifyHow does the process move from an unlawful detainer complaint to a court order?The process begins when the HOA files an unlawful detainer action commonly known as an eviction. Provided you and/or the tenant respond in a timely manner, you will be able to present your defense to the court. The court will then enter an order resolving the conflictIs there a legal time limit in which I need to respond to the action? The complaint itself will state the time limit. I believe it is 5 daysWho responds, the landlord or tennant?The action would typically be filed against both the landlord and the tenant. Both should respondIs this done by a legal form that I can get at court, or print and mail in or do I have to hire a lawyer?It is best to retain legal counsel. You may be able to obtain a sample form from the clerk's office or from a law libraryHow can I tell if a court order is already in process? Can I check on a website? Can they be working on this without us knowing or do I have to be notified in writing? They have been dealing with the tennant and not with me.You can contact the clerk of the courts office - I am not aware of a website How long does it take for a case like this to be seen in court and a decision is made as to whether the tennant is allowed to complete an application?3 to 4 weeks I did not know the HOA application process existed, but now that I do I can see that the tennant will not meet their very strict criteria. I'm pretty sure they will deny my tennant and I need to know if this process will buy them time to find an apartment instead of being put out on the street.I do suggest to retain local counsel.Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
Thank you for your answer, but I was hoping for something that ended more like a suggested action. Your answer was good, but it left me having to still search for direction. I tried another website and they advised me how to proceed to ensure the notice is valid and provided a link to a form I can use to "answer" the unlawful detainer notice. They also linked me to the law on a website, and advised that we can express that they are trying to conduct a retaliatory eviction.This type of advice was more what I was looking for. I will continue to expore the options presented at the other site. Sorry, I cannot accept your answer.Thanks
Thank you for your response. This site does not provide advice but rather legal information only. However I am curious as to what other site you used. I would appreciate it if you would let me know the name of the site for my information
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